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Im a fee- for- service clinician at a privately owned mental

Customer Question
I'm a fee- for- service...
I'm a fee- for- service clinician at a privately owned mental health clinic in Massachusetts. My employer is now mandating all employees to not only attend monthly staff meetings without compensation, but also weekly hour long team meetings (4 more hours of uncompensated time). Is this legal? If not, what can employees do to protect themselves?
Submitted: 6 years ago.Category: Employment Law
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Answered in 16 minutes by:
3/6/2011
Employment Lawyer: Jane Doe Deer, Employment Lawyer replied 6 years ago
Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Verified

Jane Doe Deer :

Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in “chat” mode I may have switched you to “question and answer.” I sometimes have technical problems getting “chat” to work for me, plus it’s hard to read and write in that mode.


 


While we write back and forth, please keep in mind that I do not know what you already know or don’t know, or with what you need help, unless you tell me. Sometimes I’m unable to read your entire question until AFTER I write back to you.


 



Although it’s usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.


 


I need the following information before I can answer your question:


 


Can you please clarify for me - are you an employee or an independent contractor? You threw me with the "fee for service" aspect. Do you have regular work hours? Do you get paychecks with FICA etc taken out, or are you responsible for your own taxes at the end of the year?



 


I'll look forward to hearing from you,


 


Jane Doe Deer


Ask Your Own Employment Law Question
Customer reply replied 6 years ago
I am answering on behalf of my wife. She is an employee, gets a w-2 and payroll taxes withheld. Fee for service simply means she is getting paid by the hour.
Employment Lawyer: Jane Doe Deer, Employment Lawyer replied 6 years ago

It's not legal to force employees to work for no pay. That's a clear wage and hour violation under state and federal law.

 

Here is a good information page, including a wage complaint form, and instructions.

 

http://www.mass.gov/?pageID=cagoterminal&L=3&L0=Home&L1=Workplace+Rights&L2=Wage+and+Hour&sid=Cago&b=terminalcontent&f=workplace_file_complaints&csid=Cago

 

Please make sure that your wife checks with the state agency before filing a complaint to ensure that she is protected from retaliation for filing the complaint.

 

May I be of any further help? Sorry for the delay, but I did not work here yesterday (Monday).

 

My best,

 

Jane

Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Verified
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Jane Doe Deer
Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3,896
3,896 Satisfied Customers
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.

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